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(영문) 서울북부지방법원 2015.12.10 2015노1755
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

Where several acts or acts falling under the name of the same crime continue to be committed for a certain period under the single and continuous criminal intent and where the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime in total, but where the unity and continuity of the criminal's intent are not recognized or the method of the crime is not the same, each act constitutes a substantive concurrent crime.

(See Supreme Court Decision 201Do14135 Decided March 29, 2012, etc.). Based on the foregoing legal doctrine, each of the instant fraud acts against Defendant C with respect to the victim is the same as the victim, the circumstances, means, and methods of the crime are identical, and the date and time of each act is relatively close to each other. As such, it is reasonable to deem that the damage legal interest is identical to that of the damage legal interest, it constitutes a single comprehensive crime.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, thereby affecting the conclusion of the judgment, and in this respect, the judgment of the court below shall no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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